Dec. 2, 2012

Written by

Jason Riley

The Courier-Journal

Wilcox

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Louisville Metro Police Officer David Hall was driving on Sixth Street on March 12, 2011, when he spotted a vehicle speeding toward him in reverse down the middle of the road, he testified in Jefferson District Court last year.

The driver stopped, then took off in the other direction, reaching speeds of about 55 mph in a 35 mph zone before finally pulling over, Hall testified.

The driver, Joshua Wilcox, was “very obviously” intoxicated and failed an initial field-sobriety test so badly that the officer ended it for fear Wilcox would hurt himself. His blood-alcohol level registered at twice the legal limit.

But while Armstrong acknowledged it was “very unusual driving,” he ruled that it isn’t illegal to back up on a two-way street. And he found that Metro Corrections had not given Wilcox enough of an opportunity to get in touch with an attorney, suppressing Wilcox’s breath test and finding him not guilty.

Under a Kentucky statute enacted in 2000, drivers charged with DUI must be given “at least 10 minutes but not more than 15 minutes to attempt to contact and communicate with an attorney.”

Wilcox testified that Officer Christopher Johnson denied his request to call his mother to get an attorney’s number.

Johnson testified that he asked Wilcox at Metro Corrections if he wanted to contact an attorney and Wilcox declined.

Armstrong sided with Wilcox.

Metro Corrections changed its policy about allowing defendants to contact an attorney after the newspaper asked about it several months ago.

Still, the prosecution argued that Wilcox was “grossly impaired,” had quickly backed up toward the officer and then fled into a residential area speeding, while admitting he had been drinking.

But Armstrong ruled that it is “not illegal to drink and drive, just to be under the influence and operate a motor vehicle. Not guilty.”